WEST VIRGINIA CODE

WVC 5 - 22 A- 12
§5-22A-12. Acceptance of design-build proposal.
(a) The design-builder shall submit the proposal to the agency
as required in the invitation for proposals. Clarifications may be
required to ensure conformance of proposals with the performance
criteria. In seeking clarifications, the performance criteria
developer may not reveal any aspect of any proposal to any other
design-builder. The performance criteria developer must certify
that the proposal complies with the performance criteria.

(b) In the event the agency receives fewer than three
proposals, the Board shall, in consultation with the Secretary of
the Department of Administration, determine whether the agency may
proceed or shall start the invitations for qualifications process
over.

(c) After receiving the proposals, the technical review
committee shall evaluate and score the technical submissions based
upon the criteria and procedures set forth in the invitation for
proposals.

(d) The agency shall submit the technical submissions,
including the scores of the technical submissions, to the Board.
The agency shall make the scores of the technical submissions
available for public review.

(e) The Board shall ascertain that the technical submissions
comply with the requirements of this article and shall notify the
agency of its approval. The agency shall open the cost submissions
and accept the proposal that receives the best score, as set forth in the legislative rules promulgated pursuant to section six of
this article.

(f) The agency shall notify the design-builder in writing that
its proposal was accepted. At the same time notice of acceptance
is delivered, the agency shall also inform, in writing, the
design-builders whose proposals were not accepted. When a
design-builder receives notification that its proposal was not
accepted, the design-builder may, within three days after receipt
of such notification, request in writing a copy of the scores and
all other factors used or considered in the selection process.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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